CR-1 or K-3 so confused!

[Jaerik 0]

Hi all,

Here is my situation. I have been seeing my wife off and on for 10 years. In February I went to Canada to see her and bring her back with me for a visit. It had been a few years since we had seen each other. She is here in the states with me on a vwp. We hadn't planned it, but we decided to take the leap and get married. We got married June 19th, and her vwp time expires on the 8th of August. We want to stay in the states so we know she needs a visa but honestly I am confused as to which one we should file. We would like her to be able to stay here as my ability to travel to Canada is limited with my course load in school. Any advice or help would be really appreciated.

Thanks,

James

[Shauneg 762]

Is she prepared now to stay here and not leave for at least the next three months? If so, no visa needed. File to adjust her status (make sure you file for ead/ap with it).....she can legally stay here while it's being processed.

http://www.visajourney.com/content/i130guide2

Edited July 27, 2015 by Shauneg

[Jaerik 0]

Don't we have to prove she didn't come with the intent to get married to do that?

[Shauneg 762]

Don't we have to prove she didn't come with the intent to get married to do that?

There is nothing you can directly show that it wasn't the intentions. You are free to search on here for cases like this all the time. Yes, you cannot come get married and intend to live, you are right about that. The border patrol determined her intent when they let her in the country...and they did not a risk in her intending to stay. I understand you're cautious going forward with this so read through the forum.

To answer your original question a K-3 does not exist anymore and you could file a CR-1 for her even while she is still here. She won't be permitted to stay here though and must go home. She technically will still be able to come visit you, but each time they will determine her intentions at the border and she isn't promised entry. That''s why I asked if she is in a position to just stay and adjust. If you go the CR-1 route it takes anywhere between 8-12 months.

Research those two options and make your call.

[NikLR 13,227]

K3 exists. It's just very rare.

[Shauneg 762]

I just mean for realistic purposes. But you're right....

[Boiler 45,464]

Don't we have to prove she didn't come with the intent to get married to do that?

No

How could you do that anyway?

I doubt you mean VWP.

[NikLR 13,227]

Canadians dont use the VWP.

Either way, if she's in the USA now, adjust her status.

[Ryan H 3,812]

**Post importing drama (since removed) from other threads removed. Answer the OP's questions without extraneous commentary.**